A69646:65
The Judgement of Martin Bucer concerning divorce written to Edward the sixth, in his…The Ivdgement of Martin Bucer concerning divorce written to Edward the sixt, in his…
The Judgement of Martin Bucer concerning divorce written to Edward the sixth, in his second book of the Kingdom of Christ, and now Englished : wherein a late book restoring the doctrine and discipline of divorce is here confirmed and justified by the authority of Martin Bucer to the Parliament of England.The Ivdgement of Martin Bucer concerning divorce written to Edward the sixt, in his second book of the Kingdom of Christ, and now Englisht : wherein a late book restoring the doctrine and discipline of divorce is heer confirm'd and justify'd by the authoritie of Martin Bucer to the Parlament of England.
London: printed by Matthew Simmons, 1644
Title page typeset from the transcription.
THE JUDGEMENT OF MARTIN BUCER TOUCHING DIVORCE. › Chapter 19
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
CHAP. XIX.
Whether it may be permitted to revoke the promise of marriage.
Whether it may be permitted to revoke the promise of mariage.
Here ariseth another question concerning Contracts, when they ought to be unchangeable; for religious Emperors decre•'d that the contract was not indissoluble, until the spouse were brought home, and the solemnities performed. They thought it a thing unworthy of divine and human equity, and the due consideration of mans infirmity in deliberating and determining, when space is given to renounce other contracts of much less moment, which are not yet confirmed before the Magistrate, to deny that to the most weighty contract of marriage, which requires the greatest care and consultation. Yet left such a covenant should be broken for no just cause, and to the ⟨p. 4⟩injury of that person to whom marriage was promised, they decreed a fine, that he who denied marriage to whom he had promised, and for some cause not approved by the Judges, should pay the double of that pledge which was given at making sure, or as much as the Judge should pronounce might satisfy the damage or the hinderance of either party. It being most certain that ofttimes after contract, just and honest causes of departing from promise, come to be known and found out, it cannot be other then the duty of pious Princes, to give men the s•me liberty of unpromising in these cases, as pious Emperors granted: especially where there is only a promise, and not carnal knowledge. And as there is no true marriage between them, who agree not in true consent of mind, so it will be the part of godly Magistrates to procure that no matrimony be among their Subjects, but what is knit with love and consent. And though your Majesty be not bound to the imperial laws, yet it is the duty of a Christian King to embrace and follow what ever he knows to be any where piously and justly constituted, and to be honest, just and well-pleasing to his people. But why in Gods law and the examples of his Saints nothing hereof is read, no marvel, seeing his ancient people had power, yea a precept, that who so could not bend his mind to the true love of his wife, should give her a bill of divorce, and send her from him, though after carnal knowledge and long dwelling together. This is enough to authorize agdly Prince in that indulgence which he gives to the changing of a Contract;